209Guhap18370 Such revocation

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The Minister of Justice

July 24, 2009

September 4, 2009

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

The defendant's disposition of denial of refugee status made against the plaintiff on March 31, 2009 is revoked.

1. Details of the disposition;

A. On July 23, 1999, the Plaintiff, as a shipbuilding of Chinese nationality, filed an application for refugee status with the Defendant on January 20, 2005, based on Article 76-2 of the Immigration Control Act, while residing in the Republic of Korea on January 20, 2005.

B. On March 31, 2009, the defendant issued a disposition not to recognize refugee status against the plaintiff (hereinafter referred to as the "disposition in this case") on the ground that it cannot be deemed that there is a sufficient fear that "the refugee status will be harmed" as a requirement for refugee under Article 1 of the Convention (hereinafter referred to as the "Refugee Convention") on the Status of Refugees.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

After the plaintiff started to conduct the training of the pacifies from August 1996, the plaintiff continued to conduct and participate in the training of the pacifies on July 23, 1999, which was around the time when the pressure against the pacifies in China began. Since the plaintiff continued to engage in the activities of the pacifies of the pacifies, such as participating in the public relations activities of the pacifies from the early police officer of early 2005, the plaintiff might be subject to gambling if he returns to China. Accordingly, the disposition of this case on a different premise is unlawful.

(b) Related statutes;

As shown in the attached Form.

C. Determination

According to Article 2 subparagraph 2-2 and Article 76-2 (1) of the Immigration Control Act, in order to be recognized as a civilian under the Immigration Control Act, a person who is outside his country of nationality and who is unable to obtain the protection of his country of nationality or who does not want to obtain the protection of his country of nationality due to such fear, due to a well-founded fear that is a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Decree on the Status of Refugees as a requirement of refugee under Article 1 of the Decree on the Status of Refugees.

Comprehensively taking account of the overall purport of arguments as to whether there is a well-founded fear that the plaintiff has been suffering from persecution from the Chinese government, and the statement in Gap evidence No. 2, the plaintiff took part in an assembly and demonstration at an organization meeting of the Gongmjin in China after October 2005, but there is no evidence to prove the fact that the plaintiff was subject to stuffing, such as arrest or detention, etc. due to his/her related activities in the Korean War. ② The plaintiff entered the Republic of Korea with his/her own passport issued in his/her name; ③ there is no evidence to deem that the plaintiff participated in the events related to the Korean War or carried out a leading and core role in the activities related to the Korean War while the plaintiff stays in Korea; ④ In light of other circumstances such as the fact that the plaintiff had been residing in Korea for five years or more after his/her entry, it is difficult to view that there is no other evidence to acknowledge that there is any other evidence to acknowledge that the above facts alone are likely to harm the plaintiff's repatriation from the Chinese government.

3. Conclusion

Thus, the plaintiff's claim of this case seeking revocation on the ground of illegality of the disposition of this case is dismissed as it is without merit.

Judges OOOO-O

Judges OOO

Judges ○○

Related Acts and subordinate statutes

Immigration Control Act

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

2-2. The term “refugee” means Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee Convention”) or the status of refugees;

Any person to whom the Refugee Convention is applied under Article 1 of the Protocol concerning Refugees.

Article 76-2 (Recognition of Refugees)

(1) The Minister of Justice shall recognize refugees from foreigners in the Republic of Korea, as prescribed by Presidential Decree.

Upon receipt of an application, the foreigner may be recognized as a refugee.

Convention Relating to the Status of Refugees ( July 28, 1951)

Chapter 1 General Provisions

Article 1 Definitions of "Refugee"

A.For the purposes of this Convention, the term “refugee” shall apply to:

(2) As a result of the case occurred before January 1, 1951, the new members of races, religions, ethnics, and certain social groups

of its nationality due to well-founded fear of persecution for reasons of division or political opinion;

outside the country of nationality, which is unable to be protected by the State of nationality, or by such fear

person who does not wish to receive the case, or as a result of such a case, and is outside the former resident state;

a national who is unable to return to the country of residence or due to such a promulgation shall return to the country of residence

person not required to do so

Protocol Relating to the Status of Refugees ( January 31, 1967)

Article 1. General Provisions

2.For the purposes of this Protocol, the term of refugee for the purposes of paragraph 3 of Article 1 of the Convention except with respect to the application of paragraph 3 of this Article.

The results of the case before January 1, 1951, as provided for in subparagraph 2, are also the results of the case. A. and the results of the case.

(u) If the phrase "..." is deleted, it means any person falling under the definition of Article 1 of the Convention.

* Korea has joined both the above Convention and the Protocol on December 3, 1992. The last day.